ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 21, 2006 AT 1:30 P.M.ALL MEMBERS PRESENTPUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Nebraska CVS Pharmacy LLC dba
CVS/Pharmacy #8610 for a Class C liquor license at
2711 S. 48th Street.(ADOPTED FOR APPROVAL, 7-0; A-83974)
2) Manager application of Don Westerlin for Nebraska
CVS Pharmacy LLC dba CVS/Pharmacy #8610 at 2711 S.
48th Street.(ADOPTED FOR APPROVAL, 7-0; A-83975)
3) Application of Nebraska CVS Pharmacy LLC dba
CVS/Pharmacy #8615 for a Class C liquor license at
1401 Superior Street.(ADOPTED FOR APPROVAL, 7-0; A-83976)
4) Manager application of Don Westerlin for Nebraska
CVS Pharmacy LLC dba CVS/Pharmacy #8615 at 1401
Superior Street.(ADOPTED FOR APPROVAL, 7-0; A-83977)
5) Application of Nebraska CVS Pharmacy LLC dba
CVS/Pharmacy #8616 for a Class C liquor license at
5500 S. 56th Street.(ADOPTED FOR APPROVAL, 7-0; A-83978)
6) Manager application of Don Westerlin for Nebraska
CVS Pharmacy LLC dba CVS/Pharmacy #8616 at 5500 S.
56th Street.(ADOPTED FOR APPROVAL, 7-0; A-83979)
7) Application of Nebraska CVS Pharmacy LLC dba
CVS/Pharmacy #8626 for a Class C liquor license at
130-B N. 66th Street.(ADOPTED FOR APPROVAL, 7-0; A-83980)
8) Manager application of Don Westerlin for Nebraska
CVS Pharmacy LLC dba CVS/Pharmacy #8626 at 130-B
N. 66th Street.(ADOPTED FOR APPROVAL, 7-0; A-83981)
9) Application of Hoeked LLC dba The Sidetrack Tavern
for a Class C liquor license at 935 O Street.
(AMENDED, 7-0; ADOPTED AS AMENDED FOR
APPROVAL, 7-0; A-83982)
10) Manager application of Joyce Durand for Hoeked LLC
dba The Sidetrack Tavern at 935 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-83983)
11) Application of Sifu, Inc. dba 2020 Convenience Stop for a Class D
liquor license at 2020 O Street.(P.H. & ACTION DELAYED
FOR ONE WEEK TO 8/28/06, 7-0)
12) Manager application of Sinh V. Chau for Sifu, Inc.
dba 2020 Convenience Stop at 2020 O Street.
(P.H. & ACTION DELAYED FOR ONE WEEK TO 8/28/06, 7-0)PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 13
& 14 HAD 2ND READING)
13) 06-142 Authorizing a lease agreement between the City
(Lessee) and the Airport Authority (Lessor) for
land and a fire station for a period of 31 years
with an additional term of 30 years; rent to be
paid in accordance with the terms of the
Interlocal Agreement. (Related Items: 06-142,
06R-157)Fact Sheet (45K)
Attachment (1331K)
14) 06R-157 Approving an Interlocal Agreement between the City
and the Airport Authority authorizing the Airport
Authority to build a fire station and associated
facilities on land totaling approximately 42,400
square feet, to lease such property to the City
through a long term lease agreement, and setting
the rent based on the final cost of the
building(s) not to exceed $7,389 per month.
(Related Items: 06-142, 06R-157)
(Action Date: 8/28/06)Fact Sheet (47K)
Attachment (23K)
PUBLIC HEARING - RESOLUTIONS
15) 06R-159 Adopting the City of Lincoln 2006-2007 Annual
Operating Budget and Capital Improvement Program
for Fiscal Year 2006/07 - 2011/12. (SUBSTITUTE
RESOLUTION ADOPTED, 6-1; CAMP DISSENTING; A-83984)
16) 06R-153 Establishing a new schedule for solid waste user
charges for the Lincoln Solid Waste area.
(ADOPTED, 7-0; A-83985)Fact Sheet (60K)
17) 06R-154 Approving disposal fees and minimum load fees for
disposal of special liquid wastes transported by
vehicle to and processed by the Liquid Waste Dump
station at the Theresa Street Wastewater Treatment
Facility and changing the normal operating hours
and extended hours of operation for the Liquid
Waste Dump Station Facilities of the Lincoln
Wastewater System. (ADOPTED, 7-0; A-83986)Fact Sheet (67K)
18) 06R-155 Approving a new schedule for wastewater use
charges and approving the issuance of additional
revenue bonds for the Capital Improvements Program
Fiscal Year 2006-2007 through Fiscal Year 2011 -
2012. (SUBSTITUTE RESOLUTION ACCEPTED, 7-0;
ADOPTED, 7-0; A-83987)Fact Sheet (60K)
19) 06R-156 Approving a new schedule for water use charges and
approving the issuance of additional revenue bonds
for the Capital Improvements Program Fiscal Year
2006-2007 through Fiscal Year 2011 - 2012.
(SUBSTITUTE RESOLUTION ACCEPTED, 7-0;
ADOPTED 7-0; A-83988)Fact Sheet (64K)
20) 06R-158 Authorizing the Mayor to execute a multi-year
Joint Antelope Valley Authority (JAVA) project
contract per City Ordinance when funding
appropriations comes from more than one fiscal
year CIP for City Project 780105, Antelope Valley
P & Q Street Bridges. (ADOPTED, 7-0; A-83989)Fact Sheet (61K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time- CONSENT AGENDA -PETITIONS & COMMUNICATIONS
21) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:Change of Zone No. 06050 St. Fidelis ofSigmaringen Religious and Educational CenterPlanned Unit Development - App. of the
Catholic Bishop of Lincoln for a change of zone
from R-1 Residential District to R-1 Residential
District PUD on property generally located at A
Street and Eldon Drive.
Change of Zone No. 06052 - App. of the
Director of Planning to amend Section 27.65.020 of
the Lincoln Municipal Code to adjust the minimum
coverage area and bonus for an AG CUP Agricultural
District Community Unit Plan, utilizing a
community wastewater system in the Build-Through
area.
Change of Zone No. 06053 - App. of E.S.P.,
Inc. on behalf of Hartland Homes, Inc., from AG
Agricultural District to R-3 Residential District
on property generally located at N. 14th Street
and Humphrey Avenue.
Change of Zone No. 06055 - App. of Director
of Urban Development from H-2 Highway Business
District to B-3 Commercial District on property
generally located at N. 52nd and "O"
Streets.
Special Permit No. 05015A - App. of E.S.P.,
Inc. on behalf of Hartland Homes, Inc., for an
amendment to Hartland's Garden Valley Community
Unit Plan on property generally located at N.
14th Street and Humphrey Avenue.
Special Permit No. 06046, Dakota SpringsCommunity Unit Plan - App. of S.W.L.
Development, LLC, for approx. 12 single family
dwelling units on property generally located at SW
2nd Street and W. Saltillo Road.
22) Setting the hearing date of September 11, 2006 for
the app. of Empyrean Brewing Company dba Fireworks
Restaurant for a Class L liquor license at 5750 S.
86th Drive. (ADOPTED, 7-0; A-83990)
23) Setting the hearing date of September 11, 2006 for
the app. of Lazlo, Inc. dba Fireworks Restaurant
for a Class CK liquor license at 5750 S.
86th Drive. (ADOPTED, 7-0; A-83991)
24) Informal Petitions submitted from Brian Moore and
Ron and Cathy Davidson for the creation of a Water
District in Orchard Street from North
67th to North 68th Streets. (Received from
Public Works/Engineering Services 8/10/06)
(REFERRED TO PUBLIC WORKS DEPT.)
25) MISCELLANEOUS REFERRALS - NONEREPORTS OF CITY OFFICERS - NONE- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 26
& 27 HAD 1ST READING)
26) 06-143 Approving a License Agreement between the City and
Alltel for the placement of a telecommunications
tower and facilities to be located on City
property at Van Dorn Park at 9th and Van Dorn
Streets.
Fact Sheet (44K)
Attachment (687K)
27) 06-145 Amending Title 8 of the Lincoln Municipal Code
relating to Health and Sanitation by creating a
new Chapter 8.52, Graffiti Abatement Act, to set
forth the title, purpose and definitions, to
prohibit the act of placing graffiti on any public
or private building, to prohibit the failure to
remove graffiti, defining graffiti as a public
nuisance and providing for notice and abatement
procedures, to provide the means and conditions
for appealing a notice and order to abate
graffiti, and to provide for the enforcement and
penalties for violations.
Fact Sheet (13K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
28) 06-135 Approving an agreement between the City and
Sheridan Lutheran Church for the lease of space by
the Lincoln Area Agency on Aging for its ActivAge
Center program at 6955 Old Cheney Road for a
period of July 17, 2006 through September 30,
2006. (PASSED, 7-0; #18789)Fact Sheet (56K)
Attachment (65K)
29) 06-136 Approving a transfer of appropriations and cash
(where appropriate) between projects within
several funds within the Public Works & Utilities
Department. (PASSED, 7-0; #18790)Fact Sheet (54K)
30) 06-138 Change of Zone 06021 - Amending Sections 27.69.046
and 27.69.081 of the Lincoln Municipal Code
relating to signs in the B-2 Planned Neighborhood
Business District and I-3 Employment Center
District, respectively, to delete the requirement
that the on-premises ground sign for a free-
standing pad site building be located within
thirty feet of the building. (PASSED, 7-0; #18791)Fact Sheet (24K)
31) 06-139 Street Name Change 06003 - Renaming that portion
of S.W. 78th Street south of West Walin Lane as
S.W. 77th Street, located in Meadow View 1st
Addition. (PASSED, 7-0; #18792)Fact Sheet (55K)
32) 06-140 Amending Section 9.36.100 of the Lincoln Municipal
Code relating to the unlawful possession of
firearms by adding convictions for crimes of
assault, unlawful intrusion, violation of custody,
domestic assault, first degree criminal trespass,
contributing to the delinquency of a child, public
indecency/exposure, operating a vehicle to
avoid/flee arrest, any violation of the Nebraska
Uniform Controlled Substances Act, unlawful use of
toxic compounds, and more than two convictions for
DWI and/or refusal to submit to a chemical test,
to the pre-existing list of named offenses,
conviction of which preclude possession of any
firearm. (PASSED, 7-0; #18793)Fact Sheet (9K)
33) 06-141 Amending Chapter 9.36 of the Lincoln Municipal
Code relating to Weapons by adding a new section
numbered 9.36.130 to make it unlawful to possess
firearms or dangerous weapons in city and/or
county facilities. (AMENDMENT #1 ADOPTED, 4-3;
CAMP, ESCHLIMAN, SVOBODA DISSENTING; AMENDMENT #2
ADOPTED, 7-0; PASSED AS AMENDED, 7-0; #18794)Fact Sheet (8K)
PENDING LIST - DATE CERTAIN
34) 06-86 Authorizing execution and delivery of the
Development Agreement between the City and
various owners for the development of
approximately 726 acres of property generally
located at S. 84th Street and Rokeby Road and
for the issuance of bonds for the
installation of infrastructure to serve the
area. (Related Items: 06-86, 06R-110)
(6/12/06 - Public Hearing & 2nd Reading
cont'd to 7/10/06) (7/10/06 - P.H. &
2nd Reading con't. to 7/24/06)
(7/24/06 - P.H. & 2nd Reading con't.
to 8/28/06)Attachment (27K)
35) 06R-110 Comp. Plan Amendment 06002 - Amending the 2025
Lincoln-Lancaster County Comprehensive Plan to (a)
amend the 2025 Future Service Limit to add land
west of 98th Street from Yankee Hill Road to one-
half mile south of Rokeby Road; (b) amend the
Urban Growth tier and associated maps in the same
area from Tier I, Priority B, to Tier I, Priority
A, and land from Tier II to a mix of Tier I,
Priority A and B; and (c) to change the land use
in the area being added to the Future Service
Limit from Agricultural to Urban Residential.
(Related Items: 06-86, 06R-110) (Action Date:
6/19/06) (6/12/06 - Public Hearing & 2nd Reading
cont'd to 7/10/06) (7/10/06 - P.H. con't.
to 7/24/06) (7/24/06 - P.H. con't. to 8/28/06)Fact Sheet (570K)
36) 06-137 Amending Title 5 of the Lincoln Municipal Code
relating to Licenses and Regulations by amending or
repealing sections within Chapter 5.41, Salvaging,
Recycling and Composting Operations, to delete
provisions relating to salvaging operations and
to make Chapter 5.41 apply only to recycling and
composting operations; adding a new Chapter 5.43
entitled Salvage Dealers and Salvage Collectors
to establish and relocate provisions dealing with
salvaging operations previously found in Chapter
5.41. (8/14/06 - P.H. & Action con't. to 9/11/06)Fact Sheet (8K)
PENDING LIST (EXTENDED ONE WEEK)
37) 02-114 Amending Chapter 2.54 of the Lincoln Municipal
Code by adding a new section entitled "Standards
of Ethical Conduct for Employees & Elected
Officials" to supplement the existing conflicts of
interest regulations. (7/29/02 - Placed on
Pending until a committee is formed)Fact Sheet (3K)
38) 04-188 Annexation 03001 - Amending the Lincoln Corporate
Limits Map by annexing approx. 214 acres of
property generally located at N. 56th St. & Arbor
Rd. (In connection 04R-273, 04-189, 04R-272)
(10/11/04 - Placed on Pending Indefinitely)
39) 04R-273 Approving the North Bank Junction Annexation &
Zoning Agreement between the City and Roger &
Eldonna Schwisow and Hartland Homes, Inc. relating
to the annexation of approx. 214 acres on property
generally located at N. 56th St. & Arbor Rd.
(In connection w/04-188, 04-189, 04R-272)
(10/11/04 - Placed on Pending Indefinitely)Attachment (527K)
40) 04-189 Change of Zone 3398 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow for a
change from AG Agricultural to R-3 Residential for
approx. 123 acres & H-4 General Commercial for
approx. 21 acres on property generally located at
N. 56th St. & Arbor Rd. (In connection w/04-
188, 04R-273, 04R-272) (10/11/04 - Placed on
Pending Indefinitely)Fact Sheet (217K)
41) 04R-272 Special Permit 2004 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow to develop
125,000 sq. ft. of planned service commercial
floor area, with variances to the rear & side yard
setback requirements on property located at N.
56th St. & Arbor Rd. (In connection w/04-188,
04R-273, 04R-189, 04R-272) (10/11/04 - Placed on
Pending Indefinitely)Fact Sheet (535K)
42) 05R-301 Comp. Plan Amendment No. 05011 - Amending the 2025
Lincoln/Lancaster County Comprehensive Plan by
changing approximately 14 acres of Public/Semi-
Public and Green Space to Commercial use, on
property generally located at the southeast corner
of N. 84th Street and Havelock Ave.
(Related Items: 05R-301, 05R-302)(12/19/05 -
Placed on Pending Indefinitely)Fact Sheet (676K)
43) 05R-302 Approving a memorandum of Understanding between
the City and the Lancaster County Agricultural
Society associated with the Society's request for
a comprehensive plan amendment designating
approximately 14.4 acres generally located on the
southeast corner of 84th Street and Havelock
Avenue as commercial. (Related Items:
05R-301, 05R-302) (12/19/05 - Placed on Pending
Indefinitely)
44) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Association for a change of zone from
R-4 Residential to R-2 Residential on property
generally located at North 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely)Fact Sheet (1465K)
45) 06-16 Repealing Chapter 14.44 of the Lincoln
Municipal Code relating to Obstructions on
Corner Lots as the requirements set forth in
Chapter 14.44 would be more appropriately
addressed in the City of Lincoln Design
Standards.(2/27/06 - Placed on Pending for
8 wks to 4/24/06 (Action only) ) (4/17/06 -
Moved to Pending List, No Date Certain)Fact Sheet (14K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 28, 2006 AT 5:30 P.M.:
(APPROVED, 7-0)
46) 06R-160 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 1 - 15,
2006.
Fact Sheet (13K)
Attachment (19K)
47) 06R-161 Approving the 2006 - 07 Work Plan for the
Interlocal Agreement on Stormwater Management
between the City and Lower Platte South Natural
Resources District regarding stormwater quality
and quantity issues.
Fact Sheet (57K)
Attachment (178K)
48) 06R-162 Approving the name of Martin Prairie for the 467
acres of recently acquired prairie land west of
Pioneers Park.
Fact Sheet (53K)
49) 06R-163 Reappointing William Lester to the Community
Health Endowment Board of Trustees for a three-
year term expiring September 1, 2009.
50) 06R-164 Appointing Alison Larson, Maria Lintel Prendes,
and Lois Baldwin to the Community Health Endowment
Board of Trustees for three-year terms expiring
September 1, 2009.
Attachment (163K)
51) 06R-165 Appointing Joyce Ebmeier to the EMS, Inc. Board of
Directors to fill an unexpired three-year term
expiring March 28, 2008.
Attachment (25K)
52) 06R-166 Appointing Christi Chaves to the EMS, Inc. Board
of Directors to fill an unexpired three-year term
expiring March 28, 2007.
Attachment (30K)
Please note: During the Open Microphone & Registered Section of
the agenda, individuals are allowed a total of 5 minutes to speak
whether registered or not regardless of number of topics. The
Open Microphone and Registered Section is available on the
2nd & Last Monday of each month.
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED
ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE
WEDNESDAY (8/23/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 8/28/06.
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY DO
SO AT THE OPEN MICROPHONE SESSION. OPEN MICROPHONESESSIONS FOR AUGUST ARE THE 14th AND 28th.
ADJOURNMENT 3:49 P.M.
***
The City Council Meeting
which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
Immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov
***